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Polygamy
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Polygamy 1
Polygamy Tolerance versus Prohibition
Leah
Ethics 111 Professor Walkup April 5, 2006
Polygamy 2Polygamy Tolerance versus Prohibition Introduction Fiercely debated and hotly contested in 19th century America, the practice of polygamy, also known as plural marriage, continues to surface and create controversy to this day. While advocates believe it is an expression of religious freedom, opponents believe it paves the way to an immoral life. The research herein will seek to answer the question of whether these unions should be tolerated or prohibited. Though the term polygamy is loosely used by news media, the entertainment industry and the general population, a thorough understanding of the topic cannot fully be appreciated without a review of the associated terminology. According to Merriam-Webster’s Pocket Dictionary (1995), polygamy is stated as “marriage to several spouses at the same time” (p. 258). This certainly could imply both the practice of a wife having several husbands and a husband having several wives. Therefore, it is necessary to clarify the term further. More accurately, polygamy should be represented as “polygyny”, where one husband has more than one wife at the same time. Bigamy, on the other hand, is the offense of marrying one person while still being married to another. In the United States, bigamy is a crime. Polygamous marriages, while also illegal, differ from bigamy in that they tend to be secretive in nature and not recorded with government officials. Polyandry, the practice where one wife simultaneously has more than one husband, has never been prevalent and is believed to be condemned by all of the major world cultures (Abanes, 2002, p. 40). Polygamy 3The History of Polygamy Some of the earliest written references on the topic of polygamy were noted in the Bible, (1989) specifically in the book of Genesis 4:19 where reference to Lamech, son of the family of Cain, “took two wives” (p. 4). Numerous other references include those relating to Abraham, Moses, Isaac, Jacob, and David. After these early writings, polygamy continued to develop among the Israelites and other Middle Eastern nations, mostly among high society where the possession of multiple wives was both a symbol of wealth and status and was consistent with religious doctrines. Historically, the practice was prevalent after wars or plagues when populations were reduced and the taking of several wives would help ensure the continuance of nations. According to facts listed in the World Almanac Encyclopedia (Islam: The Family, 2002), Islam and the Koran continue to condone the act of plural marriage, allowing men to have up to four wives, as long as he can properly provide for them (para. 3). While the practice continued through the ages in civilizations throughout the Old World, modern times and the development of the Mormon Church in 19th century North America brought plural marriage to the limelight in the New World. Founder of the church, Joseph Smith, “wondered about the ancient, Old Testament practice” (Church of Jesus Christ of Latter-Day Saints (LDS), 2005, Polygamy: Latter-Day Saints and the Practice of Plural Marriage, para. 4) and through much thought and prayer, embraced, defended and reinstituted the belief of polygamy primarily by saying that the Lord had commanded it to be (para. 7).
Polygamy 4By 1847, thousands of Mormons, many who included polygamists, fled to what is now the state of Utah to escape the religious persecution that was occurring because of their beliefs. However, by 1857, President of the United States, James Buchanan, ordered troops to Utah to expose and eradicate polygamy and its leaders. In 1862, the U.S. Congress passed a federal law, the Morril Act, prohibiting the practice of plural marriages. Mormon leaders at the time deemed the law unconstitutional as a violation of the First Amendment, and in 1879, the Supreme Court heard arguments in support of the practice in the case of Reynolds vs. the United States. The court, however, voted to uphold the Morril Act and concluded that to make religious law superior to civil law, would make each person “law unto himself” (Reynolds vs. United States, para. 7) and render the government ineffective. In other words, it was deemed perilous and therefore exempt from the First Amendment rights. By 1890, however, Mormon leaders voted to ban the practice of plural marriages, some say as a measure to ensure that the Utah territory would be granted statehood (Issues & Controversies, 2001, p. 1). Many people were angered by this move, as they felt it was against church teachings and was a betrayal of church doctrine. They went on to create fundamentalist churches – the same churches that advocate polygamy today. Contrary to popular belief, current fundamental polygamists are not Mormons as the Mormon Church continues to honor the ban placed in 1890. Church leaders are quick to note that any Mormon engaging in a plural marriage is served with excommunication, a practice reserved for only the most severe offenses (LDS, 2005, para. 4).
Polygamy 5The ControversyWhile the practice of plural marriage is accepted by many cultures worldwide, the majority of the U.S. population considers it immoral. Proponents, however, have challenged the norm. These advocates number over 30,000 strong, primarily in the regions of Utah, Arizona, and Texas (Issues & Controversies, 2001, pg 2, para. 2). The number one reason cited by the supporters is the right listed under the First Amendment of the U.S. Constitution, namely the right to religious freedom. The true believers continue to follow the doctrines founded by Joseph Smith. While popular belief contends that polygamous marriages hold women hostage in a male-dominated relationship, followers have written of a life to the contrary. Elizabeth Joseph (1997), attorney and journalist, is also a plural wife. Quoted by both advocates and opponents, Mrs. Joseph emphatically states the advantages of the polygamous lifestyle. Polygamy, she feels, offers an independent woman a real chance to “have it all” (para. 1). With caregivers readily available, careers can flourish. Home life and recreation can be enjoyed with family, or alone at times, if one so chooses. Children have adults caring for them with whom they are comfortable and who know their routine. Out-of-home day care and fast food meals are non-existent. The husbands tend to be the prime catches and are experienced at caring for women. Also, the women of the relationship, known as sister-wives, tend to build friendships that last a lifetime (para. 2). Others who support polygamy, in defense of their stand, have stated that due to the presence of several wives, family values are fostered and the strong religious
Polygamy 6background, prevalent in such marriages, stimulates spiritual growth. Supporters also add that the horror stories in the media are isolated, rare incidents with many of the infractions also being found among monogamous relationships (Issues & Controversies, 2001, pg. 3, para 1). Also rendering support of the modern day plural marriage is the American Civil Liberties Union. (Burton, The Salt Lake Tribune, 1999). Representatives of the Union state that plural marriages are religious covenants that the government has no right to nullify. ACLU of Utah legal director Stephen Clark takes the topic a step further in comparing polygamy to legal unions among homosexuals when he states that “Talking to Utah’s polygamists is like talking to gays and lesbians who really want the right to live their lives, and not live in fear because of whom they love.” (para. 7). Opponents of polygamy state many concerns regarding its practice, most notably that it is a curse to the freedom of women, rendering women to a subservient position. Women must be true to one spouse while the husband must not, giving undue emotional power to the husband. Women are said to be forced to bear many children. In opposition to the statements of Elizabeth Joseph, women could become vulnerable to a dominant male while becoming lonely and jealous when the husband spends his time with the other wives. According to Tapestry Against Polygamy (TAP), (Issues & Controversies, 2001, pg. 7, para. 1) a non-profit organization based in Salt Lake City, Utah, and comprised by former plural wives, women are forced to enter such arrangements before they are old enough to make rational decisions. Many are said to have been brainwashed by elder members (p. 2). Polygamy 7A strong issue raised by opponents is the effect of the marriage on the children, stating that the children are being raised in an unbalanced environment. It is said that the children have a difficult time blending into mainstream society as they need to keep silent about living arrangements where their father will legally marry one wife and wed the others in unrecorded ceremonies. Incidents of incest, child abuse and statutory rape have also come to the forefront in recent years, most notably in the case of the Kingston family. In 1998, David Ortell Kingston, a polygamist with 15 wives, was sentenced to prison for incest and for having illegal sexual relations with his 15 year-old-niece who was also one of his wives. David’s brother, John, who was the girl’s father, was also sentenced for whipping his daughter as she attempted to escape the arrangement (Issues & Controversies, 2001, pg. 7, para. 4). Instances of welfare fraud have also been reported among polygamists. In the year 2000, plural marriage patriarch Thomas Green was charged with failure to support some of his 29 children. Due to the need for secrecy in such relationships, women could be listed as being single mothers claiming state support for their children while indeed, as seen in the Green case, they are part of a plural arrangement (para. 4). Along with the problem of welfare fraud becoming a costly issue to the state, the instance of birth defects and its subsequent cost to the state health system becomes apparent. Having a much smaller pool than the general population from which to choose one’s mate, children tend to be inbred, which in turn gives rise to a higher incidence of
Polygamy 8genetic birth defects (p. 8, para. 3). The high costs of the child’s medical care frequently gets passed on to the state health plan, supported by the taxpayers. To conclude, plural arrangements, which through its illegal governmental standing, cause members to live a life in secrecy, are said to become dens for sex offenders (p. 9, para 1). Crimes tend to go unpunished due to the physical isolation of the plural communities, while members, who are leading a life shunned by mainstream society, are less likely to file complaints.
From An Ethical Perspective… A look at plural marriages from an ethical perspective allows us to explore several theories. Today’s proponents of the practice, in their continuous belief of God and his teachings as relayed to Joseph Smith in the 19th century, could be noted for following the Divine Command Theory, where noted by MacKinnon (2004), one’s actions are right because “they are what God wills for us” (pg. 4). While non-believers of plural marriage could state that practicing polygamists are teleologists, where the motive of their action is to achieve the benefited end result without regard to the rules, supporters of polygamy could cite the belief that they are following the theory of deontology, where they are following the rules of their beliefs. It could be said that since this is what God has commanded, they are doing their duty. Individual ethical egoism also comes into play as one discusses the ethical theories associated with polygamy. Men, in their role as the family patriarch, could well be accused of emphasizing individual ethical egoism, where one should look out for Polygamy 9one’s best interests. While the theory allows one to look out for others, it is to the extent that it benefits one in return. This can be seen as the husband looks out for his wives, while reaping the rewards of companionship, attention, sexual diversity and nurturing. Probably the strongest ethical theory followed by those who practice the act of plural marriage, is the theory of relativity. With the forms of both individual and cultural relativism, whether something is right or wrong depends on the individual’s or the cultures own beliefs. The participants look within to determine what is right or wrong. In the case of plural marriage, the members are practicing a creed long held to be immoral by the general population, yet for the fundamental polygamist, it is their true belief. It may not be right for mainstream society, but it is right for them.
My Thoughts on the Subject… When selecting and discussing my research topic, a frequent question asked of me was “Why polygamy?” In truth, I am a part of the mainstream society of which I wrote and was hoping to find data that could scientifically help me understand why people would want to follow a most unorthodox practice. What I have found and agree with is that people should have a right to practice their religious beliefs and should be afforded the right to privacy. Even if one chooses to live one’s life differently than the norm, one should be able to find happiness as long as they are of legal age, consenting, do not infringe upon the rest of society and harm none. Unfortunately, I believe, the practice of polygamy, in spite of its finer points of freedom, has the potential to pose a monetary burden to our welfare system, thus Polygamy 10infringing upon our society. Most notably, however, it likely poses harm to those children involved in the plural relationship. Simply put, no amount of religious freedom or happiness should be practiced at the potential risk of those who are not ready to defend or make choices for themselves. It is this idea in itself that causes me to remain firm in my belief that the practice of plural marriage should continue to be considered illegal with continued prosecution to those who choose to infringe upon our society, and especially our children.
Polygamy 11References Abanes, R. (2002). One Nation Under Gods: A History of the Mormon Church. New York: Four Walls Eight Windows.
Burton, G. (1999, July 16). ACLU to Join Polygamists in Bigamy Fight. The Salt Lake Tribune. Retrieved 3/6/2006 from www.aclu.org/religion/frb/16163prs/9990716.html
Joseph, E. (1997, May). Creating a Dialogue: Women Talking to Women. Retrieved March 6, 2006 from http://polygamy.com/Practical/Ultimate.htm
MacKinnon, Barbara. (2004) Ethics: Theory and Contemporary Issues. 4th ed. Belmont, Ca: Thompson Learning, Inc.
Price, J. (1999, July 3). Polygamy Could Help Moms Who Work, Says Utah’s NOW. The Washington Times. Retrieved 3/6/2006 from http://polygamy.com/Practical/Polygamy-Could-Help-Moms-Who-Work.htm
Holy Bible. (1989). Nashville, TN: Thomas Nelson, Inc.
Issues & Controversies. (January 19, 2001). Key Events in the History of Polygamy. Retrieved March 14, 2006 from Facts.com.
Issues & Controversies. (January 19, 2001). Polygamy. Retrieved March 14, 2006 from Facts.com.
Merriam-Webster’s Pocket Dictionary. (1995). Springfield, MA: Merriam-Webster.
Polygamy: Latter-day Saints and the Practice of Plural Marriage. (2005). The Church of Jesus Christ of Latter-Day Saints. Retrieved March 14, 2006 from the World Wide Web: http://www.lds.org/newsroom/showpackage/0,15367,3899-1---2-539,00.html
Reynolds vs. United States. (1999). U.S. Constitution Online. Retrieved March 6, 2006 From the World Wide Web: http://usconstitution.net/consttop_reli.html#cases
The World Almanac Encyclopedia. (2006). Islam: The Family. Retrieved March 6 2006 from Facts.com.
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